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HomeMy WebLinkAbout039-85NT U C/�- fr ors% �y �qPO R AT E•�� 0 OF NAN "H*CKET BOARD OF APPEALS NANAVCKFI., MASSACHUSETTS 025-54 July 5, 1985 Re; N.P.A. ASSOCIATES, N.P.A., INC. GENERAL PARTNER (039 -85) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. %ny appeal frog this action shall he made pursuant to Section 17 of Chapter ',OA of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS s " V BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: At a Public Hearing of the BOARD OF APPEALS held on FRIDAY, JUNE 21, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, in the matter of the Application of N.P.A. ASSOCIATES, a partnership with General Partner N.P.A. INC., represented by Nancy A. Martin, President (039 -85), address P.O. Box 792, Nantucket, MA 02554, the Board finds: 1. Applicant seeks relief under Zoning By -Law SECTION 6B (codified as Section 139 -18, Parking Requirements) by issuance of a SPECIAL PERMIT. Applicant is able to provide 4 off - street parking spaces. If relief were granted, Applicant would be able to continue operation of retail shops in the premises without providing additional spaces. The premises are located at 4 NORTH WATER STREET, Lot 2, Book 15, Page 117 and are now zoned RESI- DENTIAL- COMMERCIAL. 2. At the original hearing on May 24, 1985, the Board heard testimony and representations on behalf of Applicant, no abuttors in opposition, and received a plot plan showing a May 17, 1962 ANR subdivision from the land of abuttors Collins, plus proposed findings, also noted an abuttor's letter in opposition (on grounds of parking) and the Planning Board's unfavorable recommendation (because of area parking problems even without the added retail shops). The hearing was continued to June 7, 1985 for clarification of the number of parking spaces required and to be waived. 3. At the June 7th hearing, absent the Board's alternate member Beale, only documentary evidence was received, notably, Applicant's 5 page memorandum of .June 7, 1985, a set of floor plans, the Building Inspector's letter to Applicant of April 29, 1985 and reply of May 6, 1985, 3 photo - prints of the retaining wall, and a site plan showing the parking area bricked. The Application was continued to June 21, 1985. 4. At that hearing, based upon information from Applicant, the park - ing requirements were found to be: • (039 -851 -2- Off- Street Parking Spaces Retail - tares �lst floor -750 SF 4 not including rear kitchen space or hall) -1 P.S.per 200 SF Commercial or business use -1P.S. 2 for each 3 employees Dwelling units (rear apartment and 2 second -floor apartment) -1 each Storage (basement) -1 per 900 SF 1 9 If conversion of the basement were allowed to provide additional retail space, 2 -3 additional parking spaces would be required (assuming total maxi- mum employees on premises did not exceed 7). 5. Applicant's position is that only 4 off.- street parking spaces are physically practicable without a significant and adverse effect on the scenic and historic integrity of the neighborhood. That area is now a hard- ened soil surface opening to the east along its length fronting on North Water Street. The area is bounded to the west by the retaining wall and north and south by property line and building respect ively. We find that the area cannot be enlarged without such adverse impact. 6. The Board indicated displeasure with Applicant's prior conversion of the first floor to retail use without parking or proper permit, what- ever the good faith, given availability of counsel familiar with zoning requirements. We are also mindful of the severity of the parking problem, particularly in the neighborhood of the premises, and official concern for strict compliance with parking requirements. 7. Nonethelcssj being reluctant to terminate the first -floor retail use in mid- season with financial harm to Applicant's tenants, we explored increasing adjacent on- street parking. By limiting Applicant to a 12 foot curb cut, extending from a point 9 feet from the northerly line to apoint (039 -85) -3- 21 feet therefrom, two a(lditiona spaces may be available along North Water Street. To encourage use (t the ff- street parking area, we would condition relief on surfacing the area with dry -set brick, designating the tour spaces. With these conditions and limiting the use to two dwelling units plus the first -floor retail shops with less than 850 SF total and less than 5 em- ployees maximum, and restricting the 600 SF basement use to storage, we find further that the resulting parking relief is in harmony with the general purpose and intent of the By -Law chapter. Accordingly, by UNANIMOUS vote, the Board GRANTS to Applicant relief by SPECIAL PERMIT, under SECTION 139 -18G, from the requirement of off - street parking spaces to the extent and upon the conditions noted in the preceding paragraph. Dated: July 5, 1985 Nantucket, MA 02554 ?/_0 � �&S� srnN� �wN C� Herz /C William R. Sherman Dorothy D. Vollans C. Mars all Beale s Lo37-k5� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MAY 24, 1985 at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of N.P.A. ASSOCIATES,,N.P.A. INC., A ART-N-7,R NANCY A. MARTIN, PRESIDENT (039 -85), seeking relief under SECTION 6B (codified as Section 139 -18) (parking requirements) of the Zoning By -Law, by issuance of a SPECIAL PERMIT. If granted, the Applicant's conversion of a residential building into a commercial activity with several small retail shops would not require 13 parking spaces. The property is located at 4 NORTH WATER STREET, LOT 2, BOOK 15, PAGE 117, and is zoned RESIDENTIAL - COMMERCIAL. o7-' William R. Sherman, Chairman BOARD OF APPEALS AB -1 FEE $100.00 Case No. APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY- LAW)(BUILDING CODE) on property described below: Location of Property WoR T H wR T E�i� 5 rRI-F_ i Lot No. Plan No. District is-zoned for W SI PC- v7 -1194 / 6DMingR C / 4 � U-5 - Type of structure(Existing or Proposed) or proposed use:/QEs /olivri/l� Owner's Name N. P A. 19'550G I12 LF 5r /V•o i4. %ANC GEni4tF'Rfij,. P/lRr/ME2, .1VRN4 4,MfiRTiiY We Owner's Address Pere)( 792 /VANTuci<rf M�155/�cr�usE7T5 oars When did you acquire this property? /�Z. fia c u 5 i Has application been filed at Building Department? y/=5 Has any previous appeal been made? No Section of By -Law or Code from which relief is requested: Sec. 0 S* #hature of applicant ATTACH: (1) A list of the names and addresses of each abutting owner Req. and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the Town of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION r Application submitted to Board Advertising dates_ Hearing date(s) Decision of Board Decision filed with the Town Clerk TOWN OF NANTUCKET BOARD Or t:PPEALS L :.s,t of parties in interest in the matter of the petit -'un o: -: 'dame N.P.A. Associates, N.P.A. , Inc., Nancy A. Martin, General Partner E Pres. Address P. O. Box 792, Nantucket, MA 02554 Property , Address 4 North Water Street Town of Nantucket Town S County Building 16 Broad Street Nantucket, Mass. 02554 Robert F. Mooney 171 Orange Street Nantucket, Mass. 02554 Arthur Krause 23 Broad Street Nantucket, Mass. 02554 Charles & Nella Deflandre 2 Ash Lane Nantucket, Mass. 02554 John Thomas Dinan, Jr., et ux 321 Brackett Street Portland, Maine 04102 Mary G. Pegg 10 Fox Meadow Road Scarsdale, N.Y., 10583 Sara Shlosser O'Reilly 9 North Water Street Nantucket, Mass. 02554 Nantucket Yacht Club North Beach Street Nantucket, Mass. 02554 Hudson Holland, Jr., and Edward F. Vaughan 15 Fair Street Nantucket, Mass. 02554 Philip A. and Ruth E. Osley 12 Broad Street Nantucket, Mass. 02554 Lois K. Shapiro 168 Valley Road Watchung, New Jersey 07060 Wylie L. S Louise C. Collins and /or Louise W. Collins 17 Broad Street Nantucket, Mass. 02554 George W. Burgess 21 Broad Street Nantucket, Mass. 02554 Daniel G. S Paul Sweeney, Trustees Nantucket Whaler Realty Tr. Condo 1228 Hill Road Boxborough, Mass. Paul H. and Diance C. Madden 17 Union Street Nantucket, Mass. 02554 Nantucket Historical Association 15 Broad Street Nantucket, Mass. 02554 I certify the foregoing is a list of persons who are owners or 1- abutting the property, owners of land abutting the abutters, own of land directly opposite the property on any street or way, an- owners of land within 300 feet of the property, all as they appca' on the most recent applicable TAX list. Date/ �c�_a <<u Assessor Town of Nantucket t , vv v LV lr'cl the building shown on this _!e.' on the ground as shown mci it (/does .4 4 c the cjrrerit zoning regulations Y of Ncr,luckel W is a lot 'pct the premises shown on this not iocoted) within tt, ,,i doz.Qrd -'re:) as delineated by :t,e ir!,Menl of Housing and L*bon eti -krt - Federu' insurance Admin- �,ecl L-CrIi IL; PLOT PLAN OF LAND ,r. Nlort,jcket !sIcind , Momochusetts AS PREPARED FOR. FH,:KA,S A. r-AAm_Tikf I 15C4 Doe uA 4 Z,41, MS V k-T, Z, 'Plan 6—k- 15, p.n7 %I,r, size SC• , Fmnlycrd s&xck. none. Je rie Cv-o,.fid cov ratio 50% �i,. :FRETT & WHOLSON JOSIAH BARRETT. Registered LmdSurvvyor - 3 blurt m '-one , .'4cn?ljckel !sond , W. 02M4 (617).228 . 1313 This p!c)i p!.in was not mode from an iristurrim ..)r,ey and is dKmr, for the use of t* NvorlijoW, t -"- tqoc;e purroses only. A PLOT PLAN OF LAND ,r. Nlort,jcket !sIcind , Momochusetts AS PREPARED FOR. FH,:KA,S A. r-AAm_Tikf I 15C4 Doe uA 4 Z,41, MS V k-T, Z, 'Plan 6—k- 15, p.n7 %I,r, size SC• , Fmnlycrd s&xck. none. Je rie Cv-o,.fid cov ratio 50% �i,. :FRETT & WHOLSON JOSIAH BARRETT. Registered LmdSurvvyor - 3 blurt m '-one , .'4cn?ljckel !sond , W. 02M4 (617).228 . 1313 This p!c)i p!.in was not mode from an iristurrim ..)r,ey and is dKmr, for the use of t* NvorlijoW, t -"- tqoc;e purroses only.